A prominent Auckland businessman has threatened legal action against Auckland Council if it votes to sell the Downtown Carpark building.

Precinct Property was selected as the preferred buyer in September last year- and it plans to use the space to build apartments and office towers.

Andrew Krukziener says the Downtown Carpark is a crucial asset to the city centre.

"To take it away will diminish business in the city, it'll be terrible for Aucklanders and people who live on Waiheke who use that carpark as a connection point."

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